Opinion
Civil Action No. 10-555
03-14-2013
GARY BANKS, Plaintiff, v, LT. MECK, STEPHEN BEST, and P.L.N. TRACEY, Defendants.
District Judge David S. Cercone
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation filed by Chief Magistrate Judge Lisa Pupo Lenihan on January 31, 2013 (ECF No, 105) recommending that Defendants' Motion for Summary Judgment (ECF No. 57) be granted and that this ease be closed. The parties were served with the Report and Recommendation and informed that they had until February 19, 2013, to file written objections. Plaintiff timely filed objections on February 19, 2013; however, his objections do not undermine the recommendation of the Magistrate Judge. As such, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered.
AND NOW, this 14th day of March, 2013, IT IS ORDERED that Defendants' Motion for Summary Judgment (ECF No. 57) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 105) dated January 31, 2013, is ADOPTED as the opinion of the Court. Plaintiff's objections are overruled. They sufficiently are undermined by the record and constitute a mere rehash of plaintiff's opposition to defendants' motion.
IT IS FURTHER ORDERED that the Clerk of the Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
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David Stewart Cercone
United States District Judge
cc: Gary Banks
CT-8731
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001
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Counsel of Record
Via ECF Electronic Mail